Alimony

South Jersey Alimony Lawyers

Alimony is one of the most acrimonious issues in divorce. In the state of New Jersey, it is based upon 13 statutory factors, including:

• Needs of each party (meaning their basic monthly budget)
• The ability of each party to earn money
• The duration of marriage
• Lifestyle during the marriage
• The distribution of your assets and liabilities
• History of parental responsibilities and future obligations
• Other logical and pertinent considerations

There is no prioritization among the statutory factors. In addition, there is no direction from our state legislature indicating how courts are to weigh the factors or how they interact. There are hundreds of published cases interpreting these factors and very little agreement or predictability in terms of creating alimony awards.

There is some movement in other states to use a guideline approach for greater predictability. This approach suggests that 25 percent of the difference in income between husband and wife represents a presumptive starting point with regard to any alimony discussion. However New Jersey does not use any such guideline.

There is a national association called the American Law Institute that is seeking to recharacterize alimony from need-driven, which tends to be demeaning to the dependent spouse, to spousal compensation. If one spouse gives up working opportunity and job seniority to raise children, that spouse should be compensated.

Will alimony change in New Jersey? We do not think so — at least not anytime soon. As a result, alimony remains one of the most complicated and difficult issues to resolve in divorce.

Any discussion of alimony is highly fact-specific. There are also different kinds of alimony available, including permanent, limited duration, rehabilitative, and redistributive.

To schedule a consultation, contact New Jersey alimony lawyers Christopher Musulin and Colleen McGuigan. With office in Mount Holly, we serve clients throughout South Jersey.

Your Alimony Attorneys

Christopher Musulin is a fellow of the American Academy of Matrimonial Lawyers and the author of numerous books and articles on divorce issues.

Colleen A. McGuigan is a member of the Burlington County Bar Association and the New Jersey Bar Association.